Common use of Favored Nations Clause in Contracts

Favored Nations. If FOUNDATION grants a non-exclusive license to others under a Licensed Patent Application or Licensed Patent, such licenses will not be granted at a royalty rate which is more favorable than the rate herein granted to LICENSEE unless such more favorable rates are extended to LICENSEE. This Favored Nations clause does not apply to license agreements which are in settlement of patent litigation.

Favored Nations. If FOUNDATION grants a If, under Sections V or IX, LICENSEE'S rights to any Licensed Patent Application or Licensed Patent become non-exclusive license and the FOUNDATION grants nonexclusive licenses to others under a such Licensed Patent Application or Licensed Patent, such licenses will not be granted at a royalty rate which is more favorable than the rate herein granted to LICENSEE unless such more favorable rates are extended to the LICENSEE. This Favored Nations clause does not apply to license License agreements which are in settlement of patent litigation.